Post-Op Nurse Cleared in Fall Lawsuit

A Massachusetts jury has rejected an elderly patient's claims that his post-op fall and injury were the result of a nurse's negligent care.

Herbert Weiss, 80, underwent routine endoscopic carpal tunnel release surgery in August 2008. After the procedure, as Mr. Weiss qualified for discharge, nurse Suzanne Francis, RN, closed the curtains around his post-op bay and left him alone to get dressed.

According to court records, Mr. Weiss attempted to support himself on the arm of a chair, but his left hand was still numb and immobile from the regional anesthesia used during the procedure, and he fell on his left hip, sustaining a fracture that required surgery.

He sued Ms. Francis, accusing her of negligence in failing to provide proper care, supervision, post-surgical assistance and a safe environment and seeking $73,000 in damages for medical expenses, pain and suffering, lost income and earning capacity, and interruption of usual activities.

Ms. Francis countered that she had complied with the prescribed standard of care and that a fall assessment had not been required. Mr. Weiss's injuries, she argued, predated the post-op fall and resulted from his arthritis and osteoporosis.

After a trial that included expert medical testimony, the jury found Ms. Francis not negligent on June 23, 2011.

Attorneys for Mr. Weiss and Ms. Francis did not immediately return calls seeking comment.

David Bernard